In exercise of the powers conferred by sub section 1 and clause b of sub section 2 of section 55 of the National Commission for Indian System of Medicine Act, 2020

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 817] NEW DELHI, WEDNES DAY , DEC EMBER 6, 2023/ AGRAHAYANA 15, 1945 CG-DL-E-07122023-250472 THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE NOTIFICAT ION New Delhi, the 5th December, 2023 F. No. Sec/NCISM/Regulations/2023 -1—In exercise of the powers conferred by sub -section (1) and clause (b) of sub -section (2) of section 55 of the National Commission for Indian System of Medicine Act, 2020 (14 of 2020) , the National Commission for Indian System of Medicine hereby makes the following regulations, namely: - 1. Short title and commencement. —(1) These regulations may be called the National Commission for Indian System of Medicine (Procedure for Engagement of E xperts and Professionals) Regulations, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions .- (1) In these regulations, unless the context otherwise requires, – (a) “Act” means the National Commission for Indian System of Medicine Act, 2020 (14 of 2020); (b) “Expert or Professional” means a person of integrity and outstanding ability having special knowledge in Indian System of Medicine such as Ashtang Ayurved, Unani, Siddha and Sowa - Rigpa or public health, managemen t, economics, accreditation, patient advocacy, health research, science and technology, administration, finance, accounts or law; (c) “Secretary” means the Secretary appointed by the Central Government under sub -section (1) of section 8 of the Act. (2) The words a nd expressions used herein and not defined in these regulations, but defined in the Act, shall have the same meanings respectively, as assigned to them in the Act. 3. Engagement of Experts and Professionals. – (1) The Co mmission may engage such number of experts and professionals in the field as defined under clause (b) of sub regulation (1) of regulation 2 of these regulations for assisting the Commission and its Autonomous Boards in discharge of their functions. (2) The Pre sidents of all Autonomous Boards and the Secretary of the Commission shall from time to time assess the requirement of experts and professionals and submit comprehensive proposal with due justification and estimated expenditure involved therein, to the Com mission through the Chairperson. (3) The Commission shall discuss and approve the proposals, as may be deemed fit. (4) The Commission may reduce or enhance the number of proposed experts and professionals after due deliberation. 4. Function of experts and professi onals. - The experts and professionals engaged by the Commission shall discharge such functions as mentioned in the letter of engagement issued by the Secretary of the Commission or such other functions as may be assigned by the Commission from time to time , as may be required. 5. Qualifications and experience of experts and professionals. – (1) The experts and professionals shall be engaged on the basis of their qualifications and experience in their respective fields of specialisation and the eminence in their profession as specified in the schedule annexed to these regulations. 6. Period of engagement of experts and professionals. - The period of engagement of experts and professionals shall be the following namely: - (a) for administrative nature of duties, the initia l period of engagement shall not be more than six months which may be extended every six months upto the maximum period of two years. (b) for research and development of educational techniques in the System of Indian Medicines, the initial duration of engageme nt shall be not more than two years which may be extended every six months upto the maximum period of four years. (c) experts and professionals of Information Technology, the period of engagement shall be three years: provided that, notwithstanding anything c ontained in the forgoing clauses, the term of any of the experts and professionals shall be extended by the Commission. 7. Remuneration payable to experts and professionals. – The remuneration payable to the experts and professionals shall be at such rates as may be determined and fixed by the Commission from time to time: provided that the Commission may for reasons to be recorded in writing, agree to pay higher remuneration to the experts and professionals, in exceptiona l cases in the interest of Commission o r Autonomous Boards as the case may be with due justification. 8. Evaluation of performance. – The performance of each of the experts and professionals engaged under these regulations shall be reviewed from time to time at such intervals as may be determined b y the Commission. 9. Method of selection of experts and professionals. – (1) A detailed advertisement for the requirement of the experts and professionals shall be published on the website of the Commission and it shall be given wide publicity for optimum participation of the candidates. (2) The Secretary shall scrutinise the applications received from the candidates in accordance with these regulations and prepare a list of eligible candidates and submit a report thereof to the Commission. (3) The Secretary shall n otify the date and the venue for various stages of selection process viz. skill test, written examination and interview to the short listed eligible candidates well in advance. (4) The Commission shall also constitute a selection board comprising eminent perso ns from various fields for assessment and selection of the experts and professionals. (5) The recommendations of the selection board shall be placed before the Commission by the Secretary for approval. (6) On approval of the engagement of experts and professional s by the Commission under sub - regulation ( 5), the Secretary shall inform each candidate in writing by a letter of offer of engagement giving not less than fifteen days time to accept the offer of engagement: provided that the Commission may relax the dura tion of fifteen days in exceptional cases upon request from any of the candidate duly recording reasons therefor. (7) After receipt of acceptance from the selected candidate, the Secretary shall issue letter of engagement to each candidate giving not less than ten days time to join: provided that the joining time may be extended by the Secretary on being satisfied that extension sought for is beyond the control of the candidate as selected. (8) The Secretary shall prepare a list of all engaged experts and professio nals and place the same before the commission in its next meeting. 10. Terms and condition of engagement of experts and professionals .– (1) The terms and conditions including requisite experience, qualification and age and the like shall be as specified in the Schedule to these regulations. (2) The expert and professionals on accepting the offer of engagement shall submit an undertaking to the Secretary of maintaining confidentiality and of handing over all equipment, records and information maintained by them in a ny form whatsoever to the Secretary forthwith on their resignation or termination of engagement. (3) Without prejudice and in addition to the legal remedies available to the Commission, breach of any of the terms and conditions of agreement by any expert or pr ofessionals under these regulations shall be considered a sufficient ground for termination of the engagement and further debarment of such expert or professional from future engagement by the Commission. (4) The experts and professionals shall also in deservi ng cases, be liable to make good the loss caused, if any, to the Commission due to their negligence or misdeed. (5) The Commission may add or delete such conditions in the term of agreement during the currency of the engagement, as deemed necessary for the sa feguard of the exchequer, after duly providing opportunity of being heard to them. 11. Power to relax. – The Commission may relax any of the conditions provided in these regulations, as may be deemed necessary for discharge of its functions. SCHEDULE (See regulations 5 and 10) Sl. No. Class of expert and professional Qualifications Experience 1. Indian Medicine System Doctor of Medicine (Ayurveda), Master in Surgery (Ayurveda), Doctor of Medicine (Siddha or Unani), Bachelor or equivalent in Sowa -Rigpa. Indian System of Medicine (Ayurveda, Siddha, Unani and Sowa -Rigpa) expert with minimum five years of experience in teaching or in hospital or public health or research or administration. 2. Modern System of Medicine (Allopathic) Bachelor of Medicine and Bachelo r of Surgery , Doctor of Medicine and Master in Surgery. Modern System of Medicine expert with minimum five years of experience in teaching or in hospital or public health or research or administration. 3. Law Essential Qualification : (i) Master degree in Law s or Bachelor degree in Laws or equivalent from any recognised University or Institute in India or abroad, recognised by the Bar Council of India. (1) the candidate shall be a registered legal practitione r in terms of the Advocates Act, 1961(25 of 1961); and (ii) five years experience in judicial or legal work in the Supreme Court, High Court or any other Court, Government or a Regulatory Authority or a Tribunal, or Professor or Reader or (ii) Qualified to be registered as an advocate in any State Bar Council of India in terms of the Advocates Act, 1961 (25 of 1961). Desirable Qualification : Higher qualification with specialisation in competition law or regulatory laws or laws relating to Intellectual Property Rights or International Trade Laws. Lecturer of Law of any recognized University or professional Institute of India or abroad with specialisation in teaching of competition law o r Legal Manager or above in the corporate sector having experience of handling acquisitions, mergers and amalgamations and the like unde r competition law. 4. Sciences Post graduate degree in pure or applied sciences from any recognised University of India or abroad. Worked at senior level positions in large Government Organisations or in private sector establishment dealing with technic al and scientific activities or Professor or Reader or Lecturer of sciences in any recognised University or professional Institute of India . 5. Finance Management and Accounts. Chartered Accountant or Cost and Management Accountant or Master in Business Administration or Master in Economics or Master in Statistics or equivalent. Five years experience in the relevant field and having experience in policy making, auditing, accounting and financial planning on funds management. B.L MEHRA , Secy . In-charge, [ADVT. -III/4/Exty./5 99/2023 -24] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.